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53 Cards in this Set
- Front
- Back
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A Constitutions |
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Describe and explain what you would expect to find in a constitution
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(a) basic framework of government
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(b) the rules to as and how that government operates
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(c) fundamental rights of citizens, e.g. personal freedom, equality before the law, freedom of speech
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explain the strengths and weaknesses of written and unwritten constitutions
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witten constitution: Advantages
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(a) Clear and more certain
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(b) Leads to political stability
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(c) fundamental laws entrenched, which limits goverment excess
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(d) Constitutional courts can strike down or refuse to enforce ordinary laws that conflict with the constitution
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witten constitution: disavantages
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(a) sometimes incomplete, unclear and out of date
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(b) no constitution, written or unwritten, can prevent major political uppheavals
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(c) Practically impossible for all rules to be entrenched, and unwritten constitutions do not necessarily prevent entrenchment of constitutional rules
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(d)not all written constitutions confer such power
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explain and illustrate by using, for example, the US constitution how the doctrine of the separation of powers avoids opressive government and prevents tyranny
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illustrate where the doctrine of the separation of powers is present and is infringed within the UK constitution
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describe, illustrate and start to evaluate the checks and balances that operate within the UK constitution
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Key characteristics of the UK constitution
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(i) Unwritten (no one document governs over any other)
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(ii) Flexible (open to chamge through standard legislative procedure)
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(iii) Unitary (single sovereign legislative body, e.g. Parliament)
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(iv) Monarchical
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(v) informal separation of powers (an unwritten constitution by definition has an informal separation of powers)
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Other significant characteristics
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what is a legislative body with two chambers
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Bicameralism
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what regulates the constitution and can be varied or abolished as political ideas change
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Constitutional conventions
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what connotes the idea of responsible parliamentary government and that the government should use its powers with restraint and not abuse them or encroach on individual liberties
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Constitutionalism
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what decsribes system of governance and representation
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Democracy
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what refers to organised dissent and opposition to the government is recognised and elections are freely conducted
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Freedom of political activity
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what should be politically neutral
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Impartial Civil Service
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what describes a Judges freedom to decide on matters of law without interference from government
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Independent judiciary
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what describes the executive branch of state i.e. The Prime Minister and the government ministers and the legislature i.e. Parliament
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Parliamentary executive/executive dominance of the legislature
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Parliament can pass any law whatsoever refers to
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Parliamentary supremacy
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the basis for the UK constitution is the
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Rule of Law
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Lord Hope in R(on the application of Jackson) v. HM Attorney-General [2005] UKHL 56 stated the rule of law as
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the ultimate controlling factor on which our constitution is based'
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Professor A. V. Dicey maintained that to talk of the rule of law in relation to the UK constitution was to say three things
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(i) 'No man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land...it means...the absolute supremacy...of regular law as opposed to the influence of arbitrary power
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(ii) '...no man is above the law...every man and woman, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals...'
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(iii) '...the general principles of the constitution (for example, the right to personal liberty, or the right of public meeting) are with us as a result of judicial decisions...'
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Dicey's first meaning reflects the importance of
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personal liberty and that citizens should only be punished if they have breached the law
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Dicey's first meaning reflects the importance of
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legal certainty in that laws should be clear and accesible
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Dicey's first meaning reflects the importance of
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due process of law i.e. Citizens have the right to a fair trial
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Dicey's second meaning reflects the importance of
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equality before the law which means:
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(i)no state or goverment officials be exempt from the law
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(ii) all cases of similarity should be dealt with equally
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(iii) judges should be independent in deciding the legality of State matters
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Dicey's third meaning views
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the courts as defenders of the rights and freedoms of individuals
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The doctrine of the 'seperation of powers' provides for protection from
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opressive governments and tyranny
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Doctrine of separation consists of three types of government function:
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(a) Only the legislature should legislate (make laws)
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(b) Only judges should adjudicate (decide disputes on the basis of law
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(c) Only the executive should formulate and (through administrators) execute policy
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The three branches of goverment should have separate personnel
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The philosophy of the doctrine of the separation is that each body will keep the other in check
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US constitution and the seperation of powers
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The US constitution provides for three equal and seperate branches of governement:
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The executive is headed by
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the President
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the judiciary is headed by
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the supreme court
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the legislature is the
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Congress
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No person can belong to
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more than one branch of government at the same time
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Each part of the sytem relies on the
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the other two parts
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The UK has no formal
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seperation of powers
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Head of State (executive, legislature and judiciary)
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the Queen plays a figurhead role but has no political power
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Executive (Government) is headed by
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the Prime minister and ministers
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Legislature (Parliament) is headed by
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the Prime minister and ministers (but requires a majority vote by Members of Parliament)
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Judiciary is headed by
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the Supreme court of the UK
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